Has Hashfast directly told anyone their full BTC refund was denied yet (other than general statement releases)?

I got my first FU email from them the beginning of December.SOS with the TOS.

Quote

HashFast Support12/4/13

Hello,

Unfortunately, we are not currently refunding orders. As we promised our Batch 1 Baby Jet customers, we will refund their order if we do not deliver the order by December 31, 2013.

Our Terms of Sale include the following:

· Except for the delivery dates described explicitly guaranteed using the words “guaranteed delivery” in the order confirmation sent by Hashfast, delivery dates communicated or acknowledged by Hashfast are approximate only

· No order or any part thereof may be rescheduled or cancelled without Hashfast’ prior written consent, other than orders that remain undelivered after the “guaranteed delivery” date

We included this language to emphasize the point that we are a new company, designing a highly complex technology, and manufacturing it for the first time, and therefore estimated dates were just that.

That said, we understand that there are many people interested in purchasing units from Batch 1 from other customers. You may want to look for a buyer in the Bitcoin forums. If you would like us to refer buyers to you, please let us know.

I noticed that they stopped from signing their support messages with the name of the person that answers to you.

My anger against what is wrong in the Bitcoin community is productive:Bitcointa.lk - Replace "Bitcointalk.org" with "Bitcointa.lk" in this url to see how this page looks like on a proper forum (Announcement Thread)Hashfast.org - Wiki for screwed customers

Payments are due in the amounts, in the currency, and at the time stated in the order or confirmation sent by Hashfast, or if not so stated: (a) paid Bitcoin, to the account designated by Hashfast; (b) within thirty (30) days of date of invoice.

This is what my order confirmation says:

Quote

HashFast Technologies has received your order and payment in BTC for 1 Baby Jets, shipping via Next Day Air Saver (UPS)

and:

Quote

HashFast guarantees that all "Baby Jet" units from our first production batch will be delivered by December 31, 2013. If Buyer ordered one or more Baby Jet units, and HashFast does not deliver such units by that date, then Buyer may at his or her discretion, cancel the undelivered portion and HashFast will issue a full refund the payment for the units that Buyer purchased but did not receive and cancelled.

Quote

This cancellation and refund is Buyer's sole and exclusive remedy for HashFast failing to deliver by the December 31, 2013 guaranteed delivery date. Buyer must cancel the order and request a refund by January 15, 2014 to avail him or herself of this remedy.

So if payments are due in the amounts, in the currency, and at the time stated in the order or confirmation. Then full refund of the payment is due in the amounts and the currency stated in the order or confirmation.

In summary:1) payment in BTC: check2) full refund of the payment in BTC: check3) HF failed to deliver by December 31, 2013: check3) Filed refund request before Jan 15, 2014: check

Am I reading/interpreting this incorrectly? Seems pretty clear to me.

Edit: Cedivad pointed out that you need to file your request as a hardcopy so will do that as well. (I have only filed an online refund ticket sales@hashfast so far). From the ToS:

Quote

Buyer will give Hashfast written notice of failure to deliver and thirty (30) days within which to cure, unless the order confirmation explicitly guarantees a delivery date.

Buyer will give Hashfast written notice of failure to deliver and thirty (30) days within which to cure, unless the order confirmation explicitly guarantees a delivery date.

I guess an email is not 'written' but a print out is?

IANAL, but since in this case, we are dealing with a guaranteed delivery date, this clause is not relevant for the current sitatuation. (Just like the whole "Other Delivery Dates" section in the PURCHASE AND PAYMENT part.)

Payments are due in the amounts, in the currency, and at the time stated in the order or confirmation sent by Hashfast, or if not so stated: (a) paid Bitcoin, to the account designated by Hashfast; (b) within thirty (30) days of date of invoice.

This is what my order confirmation says:

Quote

HashFast Technologies has received your order and payment in BTC for 1 Baby Jets, shipping via Next Day Air Saver (UPS)

and:

Quote

HashFast guarantees that all "Baby Jet" units from our first production batch will be delivered by December 31, 2013. If Buyer ordered one or more Baby Jet units, and HashFast does not deliver such units by that date, then Buyer may at his or her discretion, cancel the undelivered portion and HashFast will issue a full refund the payment for the units that Buyer purchased but did not receive and cancelled.

Quote

This cancellation and refund is Buyer's sole and exclusive remedy for HashFast failing to deliver by the December 31, 2013 guaranteed delivery date. Buyer must cancel the order and request a refund by January 15, 2014 to avail him or herself of this remedy.

So if payments are due in the amounts, in the currency, and at the time stated in the order or confirmation. Then full refund of the payment is due in the amounts and the currency stated in the order or confirmation.

In summary:1) payment in BTC: check2) full refund of the payment in BTC: check3) HF failed to deliver by December 31, 2013: check3) Filed refund request before Jan 15, 2014: check

Am I reading/interpreting this incorrectly? Seems pretty clear to me.

Edit: Cedivad pointed out that you need to file your request as a hardcopy so will do that as well. (I have only filed an online refund ticket sales@hashfast so far). From the ToS:

Quote

Buyer will give Hashfast written notice of failure to deliver and thirty (30) days within which to cure, unless the order confirmation explicitly guarantees a delivery date.

I guess an email is not 'written' but a print out is?

Quote

In summary:1) payment in BTC: check2) full refund of the payment in BTC: check3) HF failed to deliver by December 31, 2013: check3) Filed refund request before Jan 15, 2014: check

That's in the case ninjarobot didn't received a confirmation email saying that their order was guaranteed to ship by the 31 of Dec. HF has been emailing customers that ordered during the previous ToS with a new, updated version.

My anger against what is wrong in the Bitcoin community is productive:Bitcointa.lk - Replace "Bitcointalk.org" with "Bitcointa.lk" in this url to see how this page looks like on a proper forum (Announcement Thread)Hashfast.org - Wiki for screwed customers

Payments are due in the amounts, in the currency, and at the time stated in the order or confirmation sent by Hashfast, or if not so stated: (a) paid Bitcoin, to the account designated by Hashfast; (b) within thirty (30) days of date of invoice.

This is what my order confirmation says:

Quote

HashFast Technologies has received your order and payment in BTC for 1 Baby Jets, shipping via Next Day Air Saver (UPS)

and:

Quote

HashFast guarantees that all "Baby Jet" units from our first production batch will be delivered by December 31, 2013. If Buyer ordered one or more Baby Jet units, and HashFast does not deliver such units by that date, then Buyer may at his or her discretion, cancel the undelivered portion and HashFast will issue a full refund the payment for the units that Buyer purchased but did not receive and cancelled.

Quote

This cancellation and refund is Buyer's sole and exclusive remedy for HashFast failing to deliver by the December 31, 2013 guaranteed delivery date. Buyer must cancel the order and request a refund by January 15, 2014 to avail him or herself of this remedy.

So if payments are due in the amounts, in the currency, and at the time stated in the order or confirmation. Then full refund of the payment is due in the amounts and the currency stated in the order or confirmation.

In summary:1) payment in BTC: check2) full refund of the payment in BTC: check3) HF failed to deliver by December 31, 2013: check3) Filed refund request before Jan 15, 2014: check

Am I reading/interpreting this incorrectly? Seems pretty clear to me.

Edit: Cedivad pointed out that you need to file your request as a hardcopy so will do that as well. (I have only filed an online refund ticket sales@hashfast so far). From the ToS:

Quote

Buyer will give Hashfast written notice of failure to deliver and thirty (30) days within which to cure, unless the order confirmation explicitly guarantees a delivery date.

I guess an email is not 'written' but a print out is?

Are you modifying their refund request form or filling it out but putting the btc value instead of USD. I refuse to sing the refund form they sent as long as it contains the " at the exchange rate quoted by Bitstamp on the day HashFast provides such Bitcoins" clause.

Requested Refund using form. Also asked about being able to use the 5% and free shipping on my already bought Batch 3 BJ.The 5% off and free air is only good on new purchases after the submission of the refund request. I'll let you know when I get the cash back.

------------------Good Evening,

Thank you for returning the completed forms as requested. We have notated your account and will begin to process refunds shortly.

Regarding your second question about the 5% off/Air shipping - This is meant for new orders that have not yet been completed.

Requested Refund using form. Also asked about being able to use the 5% and free shipping on my already bought Batch 3 BJ.The 5% off and free air is only good on new purchases after the submission of the refund request. I'll let you know when I get the cash back.

------------------Good Evening,

Thank you for returning the completed forms as requested. We have notated your account and will begin to process refunds shortly.

Regarding your second question about the 5% off/Air shipping - This is meant for new orders that have not yet been completed.

Requested Refund using form. Also asked about being able to use the 5% and free shipping on my already bought Batch 3 BJ.The 5% off and free air is only good on new purchases after the submission of the refund request. I'll let you know when I get the cash back.

------------------Good Evening,

Thank you for returning the completed forms as requested. We have notated your account and will begin to process refunds shortly.

Regarding your second question about the 5% off/Air shipping - This is meant for new orders that have not yet been completed.

Are you modifying their refund request form or filling it out but putting the btc value instead of USD. I refuse to sing the refund form they sent as long as it contains the " at the exchange rate quoted by Bitstamp on the day HashFast provides such Bitcoins" clause.

I'm not touching that refund form with a 10 foot pole. The original contract is clear and valid. No need to voluntary waive your rights.

I simply sent them my own notice of failure and cancellation & refund letters. Here are some snapshots of the scans: